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status, but the obama administration has tremendous experience in the prosecution of terrorist suspects. they've looked at this issue and i'm completely confident they're going to do it through a federal court and you're not going to see the enemy combatant issue become a major issue for the obama administration. >> roger, the fact they are putting this special safety categorization right now, the saturday for the greater community, how long can that last? is there a time frame in which it will expire and they must mirandize him, get him an attorney if he wants one? >> well, i trust what pete williams says on these things and there is a period of time, 36 to 48 hours. it's somewhat fudgible. it will defend when aware enough and coherent enough to begin to answer questions. but remember, the exception is about imminent threat. does he know of any other terrorist plots? has he planted any other devices? it's about the immediate safety and security of american citizens. and once law enforcement has concluded that is not an issue anymore based on his questions, they'll then move on to what
status, but the obama administration has tremendous experience in the prosecution of terrorist suspects. they've looked at this issue and i'm completely confident they're going to do it through a federal court and you're not going to see the enemy combatant issue become a major issue for the obama administration. >> roger, the fact they are putting this special safety categorization right now, the saturday for the greater community, how long can that last? is there a time frame in which...
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Apr 20, 2013
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. >>> i want to share this brand new picture released by the white house showing president obama just a short time ago meeting with his national security team in the situation room. it shows the president there being briefed on the ongoing situation in the boston marathon bombing investigation. again, that photo just released by the white house a short time ago. >>> enemy combatant or criminal defendant? how will the investigation and the case against the marathon bombing suspect, how will it proceed? buck sexton is a former cia officer, currently with the blaze, susan crawford, professor at the core dough zoe school of law. thanks for being here. susan, i could tell during my conversation with the congressman, you were nodding but i couldn't tell whether you were nodding in agreement or whether you were nodding in disagreement? >> just interested in what the congressman has to say st. is a moment of great misery and pain and also great importance for the country and we try to figure out what to do so, i'm interested. >> buck what are investigators focusing on now? >> i work for the n
. >>> i want to share this brand new picture released by the white house showing president obama just a short time ago meeting with his national security team in the situation room. it shows the president there being briefed on the ongoing situation in the boston marathon bombing investigation. again, that photo just released by the white house a short time ago. >>> enemy combatant or criminal defendant? how will the investigation and the case against the marathon bombing...
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Apr 20, 2013
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in the obama administration, they were trying to demonstrate that civilian tools are adequate, they're tough enough to make everybody safe. so in that process, the public safety exception seems to be evolving for terrorism purposes. for example, just to sort of track, we remember the so-called christmas day bomber who was briefly interrogated under the public safety exception but then very quickly given his miranda rights. that got a firestorm of criticism as basically not being tough enough on terrorists. so the next high-profile event was the times square bomber. he was interrogated for hours before given his miranda warnings because you can ask somebody what is a reasonably objective standard to show imminent or immediate danger to the public or police, you can ask somebody those kind of questions. what are you asking about immediate danger and is there a reasonably objective belief that there is imminent danger and when you basically trying to elicit a confession. that's where it gets kind of gray. in this case, there's a very high-profile announcement that miranda isn't going to h
in the obama administration, they were trying to demonstrate that civilian tools are adequate, they're tough enough to make everybody safe. so in that process, the public safety exception seems to be evolving for terrorism purposes. for example, just to sort of track, we remember the so-called christmas day bomber who was briefly interrogated under the public safety exception but then very quickly given his miranda rights. that got a firestorm of criticism as basically not being tough enough on...
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>> reporter: well, the obama administration would never go for that, partly as a policy matter. they have made it quite clear that civilian courts are up to the task and they think in many ways better than military tribunals which are untested. civilian courts have convicted lots of terrorism defendants. it will be a federal case. they'll charge him withes with use of a weapons of mass destruction. the maximum penalty is the death penalty. the government will have to decide whether to seek that or not. there's an additional wrinkle here. he is an american citizen. he was a naturalized citizen last year oddly on 9/11 of last year, and there is an open legal question about whether even if the government wanted to, it could declare an american citizen captured on u.s. soil as an enemy combatant. it's an untested question. the government tried to do it in the case of jose padilla several years ago and as that case was about to go to the supreme court, the government changed its mind and put him into civilian court so we never did get an answer to that question legally. >> one questi
>> reporter: well, the obama administration would never go for that, partly as a policy matter. they have made it quite clear that civilian courts are up to the task and they think in many ways better than military tribunals which are untested. civilian courts have convicted lots of terrorism defendants. it will be a federal case. they'll charge him withes with use of a weapons of mass destruction. the maximum penalty is the death penalty. the government will have to decide whether to...